top of page
Writer's pictureLead India
Jun 7, 20233 min read

Process Of Marriage Between Indian And Foreigner ?

In India, marriage is viewed as a sacramental connection between two people. The institution of marriage has a close connection to one's religious beliefs. Various religions have various laws governing the solemnization of marriage. However, the problem of strict caste and religious boundaries stopped couples from getting married.


The Special Marriage Act was put into effect by the Indian government in 1954. Section 4 of the Special Marriage Act states that "any two persons" can get married, which even permits a foreigner and an Indian to register their marriage.


Who is authorised to Marry under the Special Marriage Act?

  • Two Indian residents of different religious backgrounds

  • A citizen of India who wants to marry an NRI, OCI, or PIO

  • A citizen of India looking to marry a foreigner there

  • The urge to get married to two foreigners in India

Necessary Documents Needed for Marriage between Indian and Foreigner

From Indian Citizens-

  • Aadhar

  • Voter identification,

  • A driver's license,

  • A passport and

  • Documentation of a local address are acceptable forms of identification.

From Foreign Nationals

  • Passport

  • A visa that's good for longer than 30 days

  • Birth certificate or certificates of education

  • Some States may require a "no-objection" letter from the embassy or consulate of the prospective spouse's nation in India in order to solemnize the marriage under the virtue of the Special Marriage Act.

Process of Marriage between Indian and Foreigner

The process of marriage between an Indian citizen and a foreigner typically involves the following steps-

  • Notice of Intended Marriage- Submit a Notice of Intended Marriage to the Marriage Registrar in India. This notice is typically required to be given at least 30 days before the intended date of marriage.

  • Verification and Publication- The Marriage Registrar will verify the documents and publish a public notice inviting objections to the marriage. The notice is typically displayed on the notice board of the registrar's office for 30 days.

  • Waiting Period- If no objections are received during the 30-day waiting period, the marriage can proceed.

  • Solemnization of Marriage- The marriage can be solemnized either at the office of the Marriage Registrar or at any other location agreed upon by the parties and the registrar. The marriage ceremony must be conducted in the presence of at least three witnesses.

  • Marriage Certificate- After the solemnization of the marriage, a marriage certificate is issued by the Marriage Registrar. This certificate serves as proof of the marriage.

The Foreign Marriage Act of 1969

In addition to the Special Marriage Act of 1954, the Foreign Marriage Act of 1969 permits foreigners and Indians to get married. The legislation was introduced by the Indian Parliament after realizing the need for distinct regulations regarding international marriage. Only if at least one of the parties to the union is an Indian citizen may a foreign marriage be solemnized in accordance with this legislation.

This is an additional provision, not a suppression of any existing provisions. Indian citizens can have their marriages formally recognized under the Foreign Marriage Act if they are marrying a foreigner or being married outside of India.

Role of Lawyers

  • Document Preparation and Verification: Lawyers assist in preparing and verifying the necessary documents, including the Notice of Intended Marriage, affidavits, and supporting documents. They ensure that all the required paperwork is accurate, complete, and complies with the legal requirements.

  • Assistance with Immigration Laws: Lawyers can provide guidance on immigration laws and the necessary procedures for the foreign partner to stay or settle in India after the marriage. They can help with obtaining visas, residency permits, or other relevant immigration documentation.

  • Liaison with Authorities: Lawyers can act as a liaison between the couple and the Marriage Registrar or other relevant authorities. They can handle the communication, follow-up, and coordination with the authorities involved in the marriage registration process.

  • Objection Handling: In case any objections or legal challenges arise during the registration process, lawyers can provide representation and legal assistance. They can help present the couple's case, address objections, and navigate any legal complexities that may arise.

You will need the help of lawyers who can ensure that the process of marriage between an Indian citizen and a foreigner is legally sound and compliant with the relevant regulations. If you need the assistance of lawyers for your court marriage in pune, then lawyers in Pune can be hired, and if you need the assistance of lawyers for your court marriage in Chandigarh, then lawyers in Chandigarh can be consulted. Similarly, lawyers in Delhi can be consulted if you need their help for court marriage registration in delhi.

For any type of legal counsel, you can consult and talk to a lawyer at Lead India. They can ask questions to experts online for free and receive free legal advice in India in return at Lead India.

Call Us: +91–8800788535

1 view0 comments

Recent Posts

See All

Comments

bottom of page